Feds Threaten to Pull Fresno’s $2M Rape Kit Grant Over ICE Cooperation

The Trump administration is threatening to yank $2 million in federal funding Fresno uses to test rape kits — not because of anything to do with the program itself, but because the city won’t sign a pledge to help Immigration and Customs Enforcement.

City Attorney Andrew Janz says he’s ready to sue. “Justice for victims shouldn’t be politicized,” he told USA TODAY. “It has nothing to do with immigration enforcement.”

The money comes from the federal Sexual Assault Kit Initiative, a program on the books since 2015. Fresno is in the middle of using the grant to test 400 rape kits.

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In June, the Department of Justice sent Fresno a note: the city hadn’t signed a certification saying it would cooperate with the Department of Homeland Security and ICE. DOJ wanted to make sure it wasn’t an oversight.

It wasn’t. Janz sent back an answer: the city won’t be helping ICE. He said his letter is likely the last step before the fight heads to court.

The standoff is part of a broader campaign by the Trump administration to withhold federal money from cities it calls “sanctuary jurisdictions.” In October, DOJ named 12 states, 18 cities, and three counties — including Fresno — that it said “materially impede enforcement of federal immigration statutes.” Those places generally refuse to share information with ICE, hold people for ICE, or let agents into their jails.

Janz says the city is in a bind: California state law prohibits sharing that type of information, and the 9th Circuit Court of Appeals has upheld the law. The city can’t sign the federal certification without violating state law.

A California federal judge dealt the Trump administration a blow on July 9. Judge William Orrick ruled the federal government couldn’t withhold public safety grants to Oregon and California cities over immigration enforcement. He wrote that the strings attached to the grants “have nothing to do with or contradict the Congressional purpose.”

Orrick ruled the same way last year — and in 2017, during Trump’s first term.

Fresno made good use of past grant money. It tested more than 2,500 backlogged kits, funded 33 new cases, and convicted four people of rape. Janz, a career prosecutor, said his office filed more than 30 cases against suspected rapists with the federal money in Fresno alone.

The Joyful Heart Foundation, which advocated for rape kit funding in 2015 under President Obama, called the funding threats “stomach-churning.” Director of policy and advocacy Ilse Knecht pointed to studies from West Virginia and Ohio showing that testing rape kits prevents other crimes and can save communities millions of dollars.

“Denying a city funding to test rape kits is wrongheaded when your stated goal is taking dangerous offenders off the streets,” Knecht said. “Rapists are often serial rapists. They’re not specialists, and they don’t stop until they’re stopped.”

DOJ declined to answer questions about the future of Fresno’s grant. Spokesperson Wyn Hornbuckle wrote in an email: “Applicants are required to submit a certification that they will comply with federal law.”

The Breakdown

• Last year, the president signed an executive order directing federal agencies to suspend grants to states and cities that don’t cooperate with immigration authorities.
• That included grants under the $350 million Sexual Assault Kit Initiative, which pays for processing rape kits used to convict child sex offenders.
• Fresno is using a $2 million grant to test 400 rape kits. The city hasn’t signed the certification DOJ now requires, saying it would cooperate with ICE.
• City Attorney Andrew Janz says California state law prohibits sharing that information, and the 9th Circuit has upheld the law.
• A federal judge ruled July 9 that the federal government can’t withhold public safety grants over immigration enforcement — the same judge blocked similar attempts in 2017 and last year.

What This Means for You

The Trump administration is requiring Fresno to sign a certification pledging cooperation with ICE in order to receive the $2 million grant. City Attorney Andrew Janz has refused to sign, citing California state law that prohibits sharing information with immigration enforcement — a law the 9th Circuit has upheld. Janz says his refusal is likely the last step before the fight heads to court.

The $2 million isn’t abstract. It funded 33 cases in Fresno and convicted four rapists. Fresno used past grants to test more than 2,500 backlogged kits and file more than 30 cases against suspected rapists.

What to Watch

Judge Orrick’s July 9 ruling blocked the federal government from withholding public safety grants over immigration enforcement — he’s ruled the same way twice before, in 2017 and last year. But the Trump administration has shown no sign of backing down.

The other cities named as “sanctuary jurisdictions” are facing the same choice Fresno is: sign the pledge, lose the funding, or sue. Los Angeles County says it’s forgoing federal grant opportunities entirely. Miami signed on and is facing backlash from residents. Seattle and San Diego are going to court.